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- Xref: sparky news.admin:8585 news.admin.policy:459
- Newsgroups: news.admin,news.admin.policy
- Path: sparky!uunet!mcsun!sunic!aun.uninett.no!nuug!nntp.nta.no!hal.nta.no!styri
- From: styri@hal.nta.no (YuNoHoo)
- Subject: Re: Harmlessness of a.b.p.e (long, but read it anyway)
- Message-ID: <1992Nov18.133442.23345@nntp.nta.no>
- Keywords: copyright
- Sender: news@nntp.nta.no
- Nntp-Posting-Host: balder.nta.no
- Reply-To: styri@nta.no
- Organization: Norwegian Telecom Research
- References: <1992Nov18.003412.10710@news.columbia.edu>
- Date: Wed, 18 Nov 92 13:34:42 GMT
- Lines: 96
-
- In article <1992Nov18.003412.10710@news.columbia.edu>,
- dan@cubmol.bio.columbia.edu (Daniel Zabetakis) writes:
- > [stuff deleted]
- >
- > I believe that copyright must be anchored in the concept of harm, or it is
- > of no value to society. We believe that copying and distributing other's work
- > is bad. But when it is bad, it is so because of harm, and not because of some
- > idealized model of human behavior.
- >
- > This, of course, is not a legal argument. [...]
-
- Sure isn't. Copyright is founded on property law - i.e. right to own something.
-
- > However, noone obeys all laws all the time. I feel that copyright law
- > should be treated as every other law. If you feel that what you are doing
- > does not harm anyone, then continue to do it.
-
- You may argue that I'm not harmed by you using my house when I'm not (and
- let us assume you don't generate any bills for me to pay :-) ). Does
- that analogy make the argument simpler to understand.
-
- Anyway, the right to claim that using something is harmful stays with the
- owner of that something. You may of course have a different view, but you
- cannot claim that the argument isn't a legal one.
-
- > To show harmlessness, I hope to show that the images posted to a.b.p.e
- > are not really in competition with the works they originate in. The first
- > feature is completeness.
- >
- > [stuff deleted]
- >
- > A.b.p.e doesn't compete with Playboy (for example) because noone ever
- > posts the whole magazine. Or even a whole pictorial. [...]
-
- First, some of the pictures are copyrighted by someone other than the magazine.
- Some magazines also make business by selling pics to others. Thus you may harm
- the copyright owner even if you don't harm the magazine by reducing the number
- of sold copies. Second, you cannot compare copying pictures with copying text.
- Third, to claim "fair use" when distributing a picture on the net (i.e. very
- different from making a few xerox copies) requires that you use it as a part of
- something. Posting just the picture is not, even if you spent a lot of time
- scanning the image. You may, however, include a copyrighted picture in for
- example a critique of a magazine and survive in court.
-
- > The second feature is market coverage. I want to compare this with posting
- > commercial software to the net.
- > The users of the net are very interested in pornography. This shows that
- > the demographics of porn users covers that of usenet users (predominately
- > young males). But the demographics of usenetters(computer nerds) doesn't
- > cover pornography. The percentage of users of pornography that have access to
- > usenet (even indirect) is small.
- > [...]
-
- Assuming your analysis of the Usenet readership is correct I cannot see how
- your argument is valid. Usenetters are a potential group of buyers. And more
- important, publishers are users of the electronic media. If the copyright
- owners would never use the net you would actually have an argument.
-
- > The third feature is timelyness. Compare and contrast a.b.p.e to a generic
- > book, and to clarinet.
- > Pornography by it's very nature is ephemeral. [...]
-
- Not true. Pictures, pornographic as well as others, are recycled and the good
- ones will have a long lifetime. A picture may be used by several magazines in
- several countries for a long time. A picture is indeed long lived.
-
- I do not claim much knowledge of the porn industry, but these people have made
- an investment paying models, studio rent, photographers et cetera. They want to
- maximize return on investment. If they can reuse pictures or film footage they
- sure will. You may feel that it's a rip off, and you're probably right. It's
- probably the essence of the business.
-
- News from a news service is different, and copyright law in at least Norway
- deal with this kind of property separately.
-
- > Exactly how much value is in last month's Playboy?
-
- Don't know about the magazine, but for the pictures you can call a picture
- bank and ask them.
-
- > Fourth is the physical state of the copied work. [...]
-
- The correct term is medium and I mentioned this above. First, the publishers
- do use the electronic media themselves. That means you're competition. Second,
- the reduced quality of a scan does not remove the copyright. It's derivated
- work.
-
- > Last is unorganization. Anybody still here?
- > [...]
-
- Didn't get the last argument, but the `net' isn't an organization that can be
- made responsible - sure. You cannot sue, but there are a lot of sites out there.
-
- ---
- Haakon Styri *** std. disclaimer applies ***
- Norwegian Telecom Research
-